Bog and Forest Run Registration

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

I desire to participate in the above Activity. I acknowledge that my participation is elective and voluntary. In consideration for being allowed by Alaska Pacific University (“APU”) to participate in the Activity, I acknowledge and agree to the following conditions:

RULES AND REQUIREMENTS: APU may terminate my participation in the Activity if it is determined that my conduct violates any rule or requirement of the Activity, is detrimental to the best interests of the Activity, or for any other reason in the APU’s discretion.

CERTIFICATION OF FITNESS TO PARTICIPATE: I am physically and mentally fit to participate in the Activity and do not have any medical condition, including injuries and illnesses, that could be aggravated by my participation. I further certify that I am free from communicable diseases, including, but not limited to, COVID-19, methicillin-resistant staphylococcus aureus (MRSA), and staphylococcus infection.

INFORMED CONSENT: I have been informed of and understand the nature of the Activity. I assume full responsibility for my participation in the Activity and use of the APU’s facilities. I know that, by participating in the Activity, I could sustain serious personal injuries for which protective equipment may be inadequate to prevent. I also understand that my participation in the Activity may expose me to communicable disease. My participation in the Activity may result in serious bodily injury to me, including death from heat stroke, concussion, heart attacks or heart injury, sickle cell disease, communicable diseases, and or other injuries as a consequence of not only Releasees’ (as defined herein) actions, inactions, negligence or recklessness, but also the actions, inactions, negligence or recklessness of others, conditions of the equipment, facility conditions, weather conditions, improper officiating or refereeing, and/or negligent first aid operations. I further understand that the risks associated with the Activity include, but are not limited to, sprains, cuts, contusions, abrasions, concussions, broken bones, bone fractures, and in some extreme cases long-term injuries, including but not limited to brain damage that may result in mental and emotional disabilities, and/or physical damage, including but not limited to the musculoskeletal, nervous, respiratory and/or urinary systems, and/or death. There may be risks not known to me or not reasonably foreseeable. Any injury, illness, damage, disability, or death that I may sustain during or as a result of this Activity is my sole responsibility, except as expressly stated otherwise in this Agreement.

ASSUMPTION OF RISKS: I understand and acknowledge that there are potential dangers incidental to my participation in the Activity, including all risks relating to running including, but not limited to, traffic on the course route, falls, contact with other participants, and the condition of the course, including, but not limited to, curbs, cars, uneven pavement, potholes, rocks, and objects on the course surface. Potential dangers may also stem from weather conditions, facility conditions, equipment conditions, negligent first aid operations, improper officiating or refereeing, procedures of Releasees (as defined herein), and other risks that are unknown at this time. Risks may result from the Activity’s activity itself, from the acts of others, from use of the equipment or facilities, or organization of or unavailability of emergency medical care. Participation in the Activity involves activities incidental thereto and the possible reckless conduct of other participants.

I KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE ACTS OF THE RELEASEES (AS DEFINED HEREIN), UNLESS THE RISKS ARISE FROM THE RELEASEES’ NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT.

RELEASE AND WAIVER OF LIABILITY: I, on behalf of myself, my personal representatives, heirs, executors, administrators, agents, and assigns, HEREBY RELEASE, WAIVE, DISCHARGE, AND AGREE NOT TO HOLD APU, including its governing board, trustees, directors, officers, employees, and any students, agents or volunteers acting at APU’s direction (collectively referred to as “Releasees”), responsible for any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys’fees and costs), arising from any injury, illness, damage or death that I may suffer as a result of my participation in the Activity, REGARDLESS OF WHETHER THE INJURY, ILLNESS, DAMAGE OR DEATH IS CAUSED BY THE RELEASEES UNLESS THE INJURY, ILLNESS, DAMAGE OR DEATH IS CAUSED BY THE RELEASEES’ NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND REGARDLESS OF WHETHER THE INJURY, ILLNESS, DAMAGE OR DEATH OCCURS WHILE ON, UPON, OR IN TRANSIT TO/ FROM THE PREMISES WHERE THE ACTIVITY, OR ANY LOCATION ADJUNCT TO THE ACTIVITY OCCURS OR IS BEING CONDUCTED.

APU expressly disclaims liability for actions of third parties, including but not limited to participants, students, agents, or volunteers who are not acting under the direction and control of APU. I release Releasees from any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys' fees), arising from any injury, illness, damage or death that I may suffer as a result of actions of any third parties who are not Releasees.

Releasees are not in any way responsible for any injury, illness, or damage that I sustain as a result of my own negligent or reckless acts or my own intentional misconduct and I hereby release Releasees from any liability for the same.

INDEMNITY: I, on behalf of myself, my personal representatives, heirs, executors, administrators, agents, and assigns, agree to hold harmless the Releasees from any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments (including attorneys’ fees and costs), arising from any injury, illness, damage or death that I may suffer as a result of my participation in the Activity, REGARDLESS OF WHETHER THE INJURY, ILLNESS, DAMAGE OR DEATH IS CAUSED BY THE RELEASEES OR OTHERWISE UNLESS THE INJURY, ILLNESS, DAMAGE OR DEATH IS CAUSED BY THE RELEASEES’ NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
In the event that I or any of my family members, personal representatives, heirs, executors, administrators, agents, assigns or any other third party attempts to assert any claims, demands, causes of action (known or unknown), suits, or judgments (including attorneys' fees), arising from any injury, illness, damage or death to me, including but not limited to any injury or illness resulting from my own negligence, recklessness, or intentional misconduct during or related to the Activity, I AGREE TO DEFEND AND INDEMNIFY RELEASEES AGAINST SUCH CLAIMS, DEMANDS, CAUSES OF ACTION (KNOWN OR UNKNOWN), SUITS, AND/OR JUDGMENTS OF ANY AND EVERY KIND (INCLUDING ATTORNEYS' FEES AND COSTS) TO THE FULLEST EXTENT PERMITTED BY LAW.
PERSONAL MEDICAL INSURANCE: I have my own personal medical insurance and am responsible for the cost of any and all medical services that I may require as a result of participating in the Activity, except for medical costs arising from an injury or illness that I sustain that is the direct result of Releasees’ gross negligence or intentional misconduct.

MEDICAL CONSENT: Releasees may not have medical personnel available at the location of the Activity. In the event of any medical emergency, I authorize and consent to any x-ray examination, anesthetic, medical, dental or surgical diagnosis or treatment and hospital care that APU personnel deem necessary for my safety and protection. Releasees assume no responsibility for any injury, illness, or damage which might arise out of or in connection with such authorized emergency medical treatment. In the event that I experience any condition requiring emergency medical treatment, APU may direct that I be transported to the hospital for such care.

PROMOTIONAL RIGHTS: APU has the right to use, for promotional purposes only, any photographs of me taken by APU’s employees or agents, during my participation in the Activity. APU may use any statements or quotes attributed to me in my evaluation of the Activity for marketing purposes.

CHOICE OF LAW: This Agreement and any disputes arising out of this Agreement shall be governed by the laws of the State of Alaska. Unless waived by all parties, venue for any disputes arising out of this Agreement shall be in the U.S. District Court for the District of Alaska or the state courts for the Third Judicial District, State of Alaska, at Anchorage.

SEVERABILITY: If any term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law governing this Agreement the validity of the remaining portions shall not be affected thereby.
I hereby acknowledge that I have read, understand, and will abide by each of the terms and conditions of this Agreement. I understand that I may seek legal counsel of my own choosing to fully explain any terms of this Agreement to me before I sign it.